The Hindu : Tamil Nadu News : No problem in drafting Central staff for poll duty

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Saturday, Sep 30, 2006
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Tamil Nadu

Tamil Nadu

No problem in drafting Central staff for poll duty

S. Dorairaj

Naresh Gupta cites standing instructions

CHENNAI: The Election Commission (EC) envisages no difficulty in drafting Central employees for work related to the by-election to the Madurai (Central) Assembly constituency slated for October 11.

It has replied to the plea made in this regard by the All India Anna Dravida Munnetra Kazhagam.

Asked about the letter sent by AIADMK election wing secretary O.Paneerselvam on Thursday, requesting that State Government employees should not be put on election duty as they would not be non-partisan, Chief Electoral Officer Naresh Gupta told The Hindu here on Friday that the Commission's standing instructions provided for appointing Central staff as presiding officers and/or polling officers-I to the extent possible.

"Since the by-election is being held for only one Assembly segment, there will be no problem in mobilising adequate personnel for election duty in all the 154 polling stations in Madurai (Central)."

He said the District Election Officer had indicated the availability of 105 Central employees who could be posted as presiding officers, and 60 others as polling officer-I.

"If the campaigning for the local body elections is of such a nature that it can be even remotely linked to that for the by-election to Madurai (Central), then provisions of Section 126 of the Representation of the People Act (RoP), 1951, will be attracted. There is no escape from that and shelter cannot be taken on the ground that campaigning is for the local body lections," Mr. Gupta said.

While prohibition on campaigning would apply in the entire Assembly constituency, the Model Code of Conduct would be applicable to the entire district.

Varsity move

In a significant development, the State Election Department has taken up with the Secretary (Higher Education) and the Registrar of the University of Madras, the issue relating to the Syndicate reportedly permitting its lecturers to contest the general elections without resigning from their post.

The Election Department referred to a report that the university had decided that the candidates elected as MLAs or MPs could avail leave during their tenure and rejoin service, and that the relevant rules and regulations of the university had been amended to ensure that their absence did not affect seniority or salary.

The CEO raised doubts whether the Syndicate had taken into cognisance the Conduct Rules, which prohibit teachers from taking part in politics, and Article 191 of the Constitution that provides for disqualification of a person holding an office of profit for being chosen or being a Member of the State Legislature or Parliament.

As the University gets a block grant from the State Government, apart from receiving funds from the University Grants Commission, which are utilised for paying salary to teachers, "it appears, therefore, that they will get disqualified," he opined.

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